State Authority to Protect Civil Rights
- Sponsor
- Sen. Booker, Cory A. [D-NJ]
- Committees
- Judiciary Committee (primary)
- Last action
- Feb 10, 2026
Bottom line
The bill empowers State Attorneys General to pursue civil remedies in federal court for violations of federal civil rights statutes, potentially increasing enforcement actions against individuals and entities accused of civil rights abuses.
What it actually does
This bill amends sections 241 and 242 of title 18, United States Code, to explicitly grant State Attorneys General the authority to initiate civil actions in federal district courts. These actions can be brought as parens patriae on behalf of residents of their state when there is reasonable cause to believe that individuals have suffered bodily injury, serious bodily injury, or death due to a conspiracy against rights (Section 241), or have been injured by deprivation of rights under color of law (Section 242). The bill allows courts to award injunctive relief, as well as compensatory or punitive damages for malicious, oppressive, or reckless conduct.
Proponents argue
Supporters argue that this legislation provides an essential new tool for State Attorneys General to protect their residents' civil rights, especially in cases where federal enforcement might be insufficient or slow. It offers a direct avenue for states to seek justice and compensation for victims of civil rights violations, enhancing accountability for those who conspire against or deprive individuals of their rights, particularly under color of law.
Opponents contend
Opponents might argue that this bill could lead to an overreach of state power into areas traditionally handled by federal authorities, potentially creating a patchwork of enforcement priorities across states. Concerns could also be raised about the potential for politically motivated lawsuits, increased litigation burden on federal courts, and the possibility of conflicting interpretations or enforcement actions between state and federal attorneys general.
The bill is very short and straightforward, making it highly accessible for any reader to understand its core changes quickly.
Section 2(a)
State AG Civil Action Authority for Conspiracy Against Rights (18 U.S.C. 241)
This provision amends federal law to allow a State Attorney General to file a civil lawsuit in federal court on behalf of their state's residents. This can happen if they have reasonable cause to believe that people have been physically harmed or killed due to a conspiracy to violate their civil rights. The court can then issue orders to stop the harmful conduct (injunctive relief) or award money for damages, including punitive damages if the defendant acted maliciously, oppressively, or in reckless disregard of the plaintiff's rights.
Supporters argue
Supporters argue this provision closes a gap in civil rights enforcement by allowing states to act when federal authorities may not, providing a crucial mechanism for victims to seek redress and deterring future violations.
Critics contend
Critics might express concern that this could lead to an increase in litigation, potentially burdening federal courts and creating inconsistencies in how federal civil rights laws are applied across different states.
Tradeoffs
The provision balances the desire for increased civil rights enforcement and victim compensation with potential concerns about federalism, judicial workload, and consistency in legal interpretation.
Section 2(b)
State AG Civil Action Authority for Deprivation of Rights Under Color of Law (18 U.S.C. 242)
This provision similarly amends federal law to allow a State Attorney General to file a civil lawsuit in federal court on behalf of their state's residents. This applies if they have reasonable cause to believe that people are being, have been, or may be injured by someone acting under 'color of law' (e.g., a public official or law enforcement officer) who deprives them of their civil rights. Like the previous provision, courts can grant injunctive relief or award compensatory and punitive damages for malicious, oppressive, or reckless conduct.